Document name: Sickness and Attendance Procedure Document type: Human Resources Staff group to whom it applies: All Staff Within The Trust Distribution: The Whole of The Trust How to access: Intranet And Internet Issue date: August 2016 Next review: August 2019 Approved by: Executive Management Team 4 August 2016 Developed by: HR / Policy Sub Group (consisting of staff and management representatives) Director leads: Director Of Human Resources And Workforce Development Contact for advice: Human Resources CONTENTS PAGE 1. KEY STAGES OF THE PROCEDURE 4 2. NOTIFICATION PROCEDURE/ RECORDING ABSENCE 5 3. KEEPING IN TOUCH 6 4. CERTIFICATION 7 5. RETURN TO WORK INTERVIEW 7-8 6. TRIGGER POINTS 8-9 7. INFORMAL ATTENDANCE MEETING STAGE ONE 9 8. REVIEW MEETING STAGE 1 & 2& 3 10 9. FORMAL ATTENDANCE MEETING Stage 2 & 3 11 10 FORMAL ATTENDANCE MEETING Stage 4 FINAL STAGE 12 11. APPEAL AGAINST OUTCOME OF FORMAL ATTENDANCE MEETING 13-14 12. MANAGEMENT OF LONG TERM SICKNESS 14-15 13. OCCUPATIONAL HEALTH REFERAL 14. TEMPORARY ADJUSTMENTS 16-19 15. PERMANENT ADJUSTMENTS 20-21 16. ILL HEALTH RETIREMENT 16 21 APPENDICES Appendix 1 Preparing Report of for Sickness Staff Returning Notification to Work Form Following Long Term22-23 Sickness Absence Appendix 2 Return To Work Interview – Checklist Appendix 3 Information Log Appendix 4 Informal Short Term Attendance Meeting (stage 1) Form Appendix 5 Invite to Informal (Stage 1) Meeting D:\875098799.doc 24-25 26 27-28 29 Page 2 Appendix 6 Outcome of Informal Meeting (Stage 1) 30 Appendix 7 Invite to Formal Attendance Meeting (Stage 2 or 3) 31 Appendix 8 Outcome of Formal Attendance Meeting Stage 2/3 32 Appendix 9 Invite to Final Formal Attendance Meeting (Stage 4) 33 Appendix 10 Outcome of Final Formal Attendance Meeting (Stage 4) 34 Appendix 11 Invite to Informal Long Term Sickness Meeting 35 Appendix 12 Outcome of Informal Long Term Sickness Meeting 36 Appendix 13 Invite to Formal Long Term Sickness Meeting 37 Appendix 14 Outcome of Formal Long Term Sickness Meeting (remaining sick) 38 Appendix 15 Invite to Final Formal Long Term Sickness Meeting 39 Appendix 16 Outcome of Final Formal Long Term Sickness Meeting 40 D:\875098799.doc Page 3 1. KEY STAGES OF THE PROCEDURE 1.1 There are several procedural stages/reviews which will give the opportunity for the employee and manager/supervisor to explore the options available for improving attendance. The following procedure is intended to ensure that where possible employees return to and remain in work with acceptable attendance. It is essential that employees fully understand the purpose of any meeting or action, and the likely consequences that ill-health/absence from work can have on their continued employment. It is important that employees understand clearly that it is a contractual requirement to attend work regularly, carry out the required duties of the post and achieve a satisfactory level of performance. Failure to meet these requirements may result in termination of the employment contract. When dealing with the individual employee, there should be: D:\875098799.doc Sensitive handling of the situation Consistent approach Regular consultation and discussion; effective communication is essential Advice must be sought from Human Resources when progressing from Stage 2 to stage 3 attendance meetings Referral to and advice sought from Occupational Health Page 4 2. NOTIFICATION PROCEDURE/ RECORDING ABSENCE An employee who is unable to report for duty because of sickness must notify their Manager, or nominated deputy, in accordance with their departmental procedure. The notification and recording procedure is as follows: Managing sickness Sickness Notification / Record Absence Employee sick Employee call manager/ deputy in accordance with departmental notification procedure Manager available takes details: Reason for absence Likely duration When next contact will be made (complete form in Appendix 1 Discuss alternative work, roles, and adjustments to get back to work Record absence on ESR/ Forms/ ERostering Manager unavailable take number & tell employee manager will call back. Inform manager Manager calls back and takes details: Reason for absence Likely duration When next contact will be made (complete form in Appendix 1 Mitigation accepted (Must be in Hospital or unable to follow for other reason) If reason for absence stress/ musculoskeletal injury make referral to Occupational Health Manager must ensure sick notes are received in line with Section 4 of procedure D:\875098799.doc Failure to follow notification procedure: Sends text / email Not call in Not call within specified time frames Manager contact employee to determine reason for failure to notify sickness correctly No Mitigation Make unauthorised absence: Letter to employee Notify Payroll Page 5 3. KEEPING IN TOUCH It is important, particularly with long term sickness, that the employee keeps in touch with his/her manager or supervisor. This is for the following reasons: It is good practice to maintain regular contact and may facilitate an earlier return to work Ascertain whether illness is linked to work and manager can look to take remedial action It gives the manager/supervisor the opportunity of giving any additional support that may be necessary The manager/supervisor must be able to plan for the continuity of the service, and ongoing knowledge of the employee’s current state of health and likelihood of return to work facilitates this Employees are contractually obliged to maintain contact with their line manager/supervisor during any period of absence. Managers are also responsible for maintaining contact to ensure that appropriate support can be provided. Where an employee fails to maintain contact they should expect the manager/supervisor to initiate contact as part of their routine management of the service. Any such contact must be handled sensitively and supportively by the manager or supervisor. Where stress is the reason for sickness make an early referral to occupational health ( see stress policy) When the employee is aware of their date of return they must inform their line manager and confirm the date, prior to returning to work. If an employee is unable to return to work as expected, they must inform their manager. Where staff are rostered for off-duty it is important that they telephone their manager to confirm that they are fit otherwise the off-duty day may be recorded as sick leave. D:\875098799.doc Page 6 4. CERTIFICATION The employee must provide medical certification of sickness as follows: 1 – 3 days No certificate required. 4 – 7 days Self-certificate must be completed and given to manager within five days of seventh day. Manager to inform Payroll of certificate received. 8 day onwards Statement of fitness to work (FMed3 ‘fit note’) must be submitted within seven days of date issued. Unauthorised absence for any period When appropriate, certificate received in timescales. Work with temporary adjustments Statement of fitness to work in adjusted role reviewed or Occupational Health advice. not Were a sick note is not received within 7 days of the date it is due; the manager must make contact with the employee to ascertain why. If it is found that there is no reasonable explanation, why the note has not been received pay must be stopped with immediate effect, and only reinstated from the day the sick note is received by the manager. The employee will be marked as unauthorised sick for this period. If the note is backdated without a reasonable reason only SSP will be paid and OSP will not be backdated. Examples of a reasonable reason for a delay in receiving a sick note may be: Hospitalisation with no relative or friend to send the sick note in for them Falling ill a broad and unable to travel back / note posted abroad and takes exceptionally long time to arrive 5. RETURNING TO WORK AND RETURN TO WORK INTERVIEW The employee must notify the manager when they will be fit to return to work so that appropriate actions can be taken. A return to work interview must be conducted by the Line Manager or appropriate designated deputy, following every episode of sickness, wherever possible, on the day of return. D:\875098799.doc Page 7 It gives the employee an opportunity to discuss any issues relating to health or work which may be affecting their attendance. It also shows the employee they have been missed. The procedure is as follows: Sick Employee fit to return Employee must Contact Manager to inform of date fit to return even if Employee on days off Record return to work 1st day back or ASAP, manager to undertaken return to work interview Interview using lynx/ telephone if service need doesn’t allow face to face meeting Complete RTW form and both sign it (Appendix 2) If hit trigger point refer to appropriate stage of Sickness Procedure Interview face to face where possible Welcome employee back/ discuss fitness to be at work Confirm reason for sickness Discuss any adjustments based on fit note/ Occupational Health recommendations Raise concerns re amount of sickness/ patterns Raise number of episodes of sickness in relation to trigger points Make referral to Occupational Health if required Once an employee meets the trigger points they will be invited to an informal attendance meeting. 6. TRIGGER POINTS The Manager should regularly review every employee’s sickness absence record for whom they are responsible using the absence reports and via the Trust’s intranet. In particular they should establish if any of their staff have reached an absence review trigger point as described in section 14 of the Policy. D:\875098799.doc Page 8 When the employee reaches any of these trigger points they must be invited to an informal short term sickness meeting (Stage 1). 7. INFORMAL ATTENDANCE MEETING (STAGE 1) Once the employee reaches a trigger point they will be invited to an informal attendance meeting (Stage 1) with their Line Manager to discuss the level of their absence and its impact upon the department, colleagues and clients. The procedure is as follows: Employee hit initial trigger point of: Three episodes in rolling 12 months Pattern of sickness Three episodes of two or more weeks In a rolling three year period Pattern of long term sickness Line Manager confirms at RTW that refer to Stage 1 of the Sickness Procedure Letter sent to invite to informal attendance Meeting, (Appendix 4) Take no further action due to mitigation. Mitigation must be more than the employee being ill eg. Ward based infection leading to closure or assaulted at work At the meeting, manager: Outlines details of sickness record Give employee opportunity to provide explanation Decide on action Complete appendix 3 Set new trigger points of Two episodes in next 12 months Continued pattern of sickness Further episode of two or more weeks in next 12 months A further period of long term sickness Continue to monitor and set triggers Inform that if they hit the trigger points in 12 months from date of return to work after last episode they will be referred to Stage 2 Set review meeting at three or four month period for next 12 months (Manager and employee only) Confirm details in letter (appendix 5) within 5 working days of date of meeting to include: The date of the meeting Brief statement of discussions including sickness targets and timescales The next review date D:\875098799.doc Page 9 8. REVIEW MEETINGS AT STAGE 1, 2 & 3 A review meeting should be held on a Three/four monthly basis for a period of 12 months between the employee and the Line Manager. This can be undertaken as a separate meeting or take place during management supervision. Separate notes must be made for the sickness review element and signed The process is: Following formal attendance meeting manager sets dates for review Review meeting takes place No sickness at review No sickness at final review meeting Sickness at review meeting but not triggered next stage Congratulate them on attendance – remind of triggers Congratulate them and inform monitor as normal, expect attendance level to be maintained Remind them that if they hit triggers will go to next Stage of formal attendance process Sickness occurs reaching trigger points Employee told at return to work interview Refer to next Stage of formal attendance process i.e. to Stage 2, 3 or 4 (Don’t wait for review meeting) D:\875098799.doc Page 10 9. FORMAL ATTENDANCE MEETING (STAGE 2 and 3) A formal sickness meeting must be arranged when the employee breaches the trigger points set at the informal meeting Stage 1or formal attendance meeting stage 3 The procedure is: Employee hit trigger points given at previous stage Appropriate manager confirms at return to work interview or review meeting that employee to be referred to next stage attendance meeting At meeting: Outlines sickness record Details of improvements required at previous meeting Explain consequence of the absence on department, service users & colleagues Letter (appendix 6) sent to invite employee to meeting 5 working days before include: All documents of sickness absence, including Occupation Health letter, previous letters and sickness record Inform entitlement to representation by Trade Union/ work colleague Manager normally supported by HR at Stage 3 only but may have line manager/another manager present at stage 2 attendance hearing Employee / representative given opportunity to respond and present mitigation Manager / (HR Stage 3) adjourn to consider decision Mitigation given accepted remain at current stage, set trigger for remainder of 12 month period Confirm in Writing as below Continue reviews If hits amended trigger refer back to same Stage meeting If hit triggers in monitoring period refer to next stage Do not wait for review meeting (any sickness since calling meeting to be counted towards new triggers D:\875098799.doc Appropriate formal attendance warning given for period of 12 months from date of last sickness used as trigger New trigger given from date returned from last episode of sickness 2 episodes in 12 months Continued pattern A further 2 week or more episodes in 12 months A period of long term sickness p Confirm outcome in letter (appendix 7) in 10 working days including: Detail of action taken and warnings New trigger points Review timescales Any action to be undertaken to approve attendance Consequence of failure to improve i.e. refer next Stage right of appeal Page 11 10. FORMAL ATTENDANCE MEETING (STAGE 4) FINAL STAGE A formal attendance meeting (Stage 4) should be arranged when the employee breaches the trigger points set at Stage 3. Employee at Stage 3 and hit trigger points or continued long term sickness Confirmed at Return to Work Interview review meeting employee to be referred to Stage 4 attendance meeting Meeting to be Chaired by senior manager (8B or above) not previously involved, supported by HR Representative Line Manager in attendance Invite letter(appendix 8) sent at least 5 working days prior to the meeting. Right to representation by Trade Union Representative or fellow worker Documents including sickness record, previous letters, Occupational Health information Informed outcome could be dismissal A management report outlining the details of the process followed to date At the Meeting: Line Manager presents report Employee/Representative present mitigation All including Panel may ask any questions of clarity Panel adjourn to make decision Accept mitigation factors related to disability/Maternity/work related illness Set new triggers and review period (Usual still under Stage 3) Confirm in writing Hit trigger refer back to Stage 4 Formal Attendance Meeting D:\875098799.doc Decision to dismiss on grounds of unsatisfactory attendance/ Capability Confirm outcome in writing within ten working days (appendix 9) State right of appeal Page 12 11. APPEAL AGAINST OUTCOME OF FORMAL ATTENDANCE MEETING An appeal against a formal attendance warning must be made in writing within five working days of the date of the outcome letter to the next level of Manager. The employee will have the right to be accompanied by a trade union representative or a fellow worker not acting in a legal capacity The process is: Appeal received within five working days of outcome letter to next level manager for Stage 2 and 3 and ten working days for Stage 4 Appeal against dismissal Appeal Stage 1, 2, 3 next level manager chair’s the meeting supported by HR Heard by Sub Committee of Trust Board Appeal Manager and HR review the details of the sickness meeting, attendance record and report document from original manager and Occupational Health report etc Manager who dismissed present the documentation and reason for the dismissal Individual attend and present their information and mitigation Employee and representative present the case/mitigation etc Panel make decision Accept mitigation refer back to earlier stage and set triggers Panel make decision Uphold warning Reinstate but can put back onto Stage 3 with new triggers Uphold dismissal Confirm in writing D:\875098799.doc Page 13 An appeal against the dismissal on the grounds of unsatisfactory attendance should be made within ten working days of the date of the outcome letter to the Director of Human Resources and Workforce Development. The appeal against dismissal will be heard by a sub-committee of the Trust Board. The employee may be represented at the appeal by a trade union representative or fellow worker not acting ins a legal capacity. The appeal will be conducted in line with section 15 and appendix 2 of the policy. 12. MANAGEMENT OF LONG TERM SICKNESS Informal/Formal Action It is important when dealing with long term sickness that there is on-going, regular communication and consultation between the Manager and employee throughout their absence and at every stage of the procedure. The Manager and employee will agree the frequency with which they will make contact. Details of the contact, whether by personal visit, telephone or letter should be documented. If the employee is too ill to attend a meeting at work, the manager should seek to agree a home visit. Where, under exceptional circumstances, the employee is too ill to meet at all, the Manager can telephone or write to obtain the information or defer the meeting to a later date. A Human Resources Advisor will not routinely be present at the routine meetings. The employee may be accompanied by a trade union representative or fellow worker not acting in a legal capacity during the formal stages. If taking all circumstances into account, the Manager takes a view that it is too early to make a referral to Occupational Health, they will arrange to meet the employee at a later date to review the position again. Informal long-term sickness reviews within 2 months of commencing sickness. The meetings will become formal if the employee remains sick for a period of 4 month with no date of return agreed or when medical evidence confirms no date of return is predicted. D:\875098799.doc Page 14 The process is as follows: Employee notify will be or is absent for more than four weeks/28 days Manager keeps in touch and makes referral to Occupational Health Returns to normal duties in timescales – manage as per triggers Invite (Appendix 10) employee to informal long term sickness meeting to discuss: Reason for absence Likely duration Adjustments that would allow a return work or to temporary alternative work Discuss planned return to work Able to do adjusted/alternative role for temporary period Remains sick Continues beyond timescale to be unfit for own role Invite to formal long term sickness meetings (appendix 11), as appropriate Consider permanent adjustments to own role (banding and JD may be affected) Able to return to normal duties Reasonable Adjustments not possible Put on at risk register Suitable re deployment found Return to work No suitable found Permanently unfit to return to own post Invite to final formal sickness Meeting (appendix 12) D:\875098799.doc Adjustments possible Return to work Not fit to return to any role in time scales Invite to final formal long term sickness Meeting (appendix 12) Manage under triggers Page 15 13. OCCUPATIONAL HEALTH REFERRAL There are several possible outcomes from the Occupational Health referral (the implications of these are covered in more detail below. Return to Work - the employee is fit to return to their present job, either immediately, or in the very near future. This may include a phased return, particularly if this enables an earlier return to work than would otherwise have been the case. Adjustment to Duties or Hours of Work - the employee would be fit to return to their current job with temporary or permanent adjustments to their duties or working hours. Redeployment - the employee is not fit to return to their current job, but could work in a job that accommodated their health problems. Termination of Contract - the employee is unfit to return to work, permanently or for the foreseeable future, necessitating the termination of their contract on medical incapacity grounds. Under these circumstances the employee may be eligible to apply for ill health retirement, under the terms of the NHS Pension Scheme. In exceptional circumstances, it may be an option to refer an individual outside of the normal referral structure for an expert opinion is necessary which may incur costs. Where it can be demonstrated that this is cost effective either in terms of preventing absence from work or enabling a return to work a Senior Manager can approve this with any resultant costs being identified from the relevant budget. 14. TEMPORARY ADJUSTMENTS Temporary adjustments should be considered for all employees to ensure they can attend work as soon as possible or to prevent absence in the first instance. While on temporary adjustments the individual will receive their normal pay except where expressly stated. Where an extension of the adjustments is required they must be authorised by a General manager. This can only be authorised in exceptional circumstances up to a maximum of 12 weeks and where there is a clear indication that a return to the employees role will be possible within that timescale. While on temporary adjustments no overtime or bank shifts may be undertaken. D:\875098799.doc Page 16 Temporary adjustments can include: Phased return A phased return is only to be used when an employee has had an absence due a serious Physical or mental impairment that requires this or where it will aid a employee to return to work earlier than would otherwise be possible Where it means the employee can return to work earlier than expected as a result of a phased return this should be considered. In such circumstance the phased return may be extended for a period of 4 weeks with an occupational health recommendations examples for Phased return may be that an employee works only part days initially building up to their contracted hours A phased return will normally be for a maximum of two weeks only and it is expected that the minimum of 50% of their contracted hours will be worked in week 1 with full contracted hours worked in week 3. Where an employee has been off sick for a period of at least 3 months or more with a serious illness the phased return can be extended to a period of 4 weeks when recommended by occupational health. (With full contracted hours worked by week 5) Part time work/ working shorter Reduce hours to enable the employee to days/shifts attend work and contribute to the department. This should be for a maximum of 12 weeks. The employee will be paid their full contractual hours for a period of up to 4 weeks and then will receive pay based up on the hours worked D:\875098799.doc Page 17 Adapt a modified workload Work on a supernumerary basis Adjust job role to remove tasks that the employee is unable to do on a temporary basis this is for a maximum of a 12 week period Not place in shift numbers as the limitations on the employee are so great it would prevent them from undertaking a large proportion of their role but having the employee at work is beneficial for their recovery or contribution to the department This is for a maximum of 4 week period This may be used in conjunction with a phased return Move to an alternative vacant post Look at vacant posts in the department/organisation and allow a temporary move to a role which they can contribute when health prevents them undertaking their usual work. This should be with a return to their usual post within 12 weeks unless extended with the agreement of the General manager for a further 12 weeks giving a total of 24 weeks Work at a different site/place If injury prevents the employee getting to usual place of work consider working from a site nearer home/from home if possible this is for a maximum of 12 weeks with an extension of a further 12 weeks with the agreement of the general manager Temporary equipment It may be that a specific piece of equipment/adaptation may be necessary to enable an employee to return to work i.e. Dictaphone or the support of an admin person D:\875098799.doc Page 18 Manager meets with employee during a review meeting at notification/call Process to be followed: tc Discuss with employee what they are able to do Manager assesses possibility of adjustments and gets Occupational Health input if needed Discusses options with employee Employee returns to work with adjustments for up to 12 weeks Options not available or suitable Employee refuses adjusted role Consider stop Occupational Sick Pay At 12 weeks or before returns to normal post Needs longer on adjustments Remains sick and is managed under long term sick/short term sickness and formal meeting process/triggers Manager refers to General Manager for decision Agrees to extension Not agreed Return to normal role After or before end of extended 12 weeks Unable to return to normal role Look for permanent adjustments or alternative role D:\875098799.doc Page 19 15. PERMANENT ADJUSTMENTS In some cases it may be appropriate to consider making reasonable permanent adjustments to the employee’s duties or work arrangements. Such adjustments may include those outlined previously as temporary adjustment. It is particularly important to explore this option thoroughly when an employee’s sickness is as a result of a disability, as defined under the Equality Act 2010. To conform to the requirements of the Act, careful consideration needs to be given to making whatever reasonable adjustments are necessary to accommodate a disabled employee, if it is possible to do so in line with service need. Managers will need to assess the feasibility of making the required adjustments for the service, colleagues and the employee, taking advice from Occupational Health, the HR Department and other specialist advisers as necessary. The Manager will meet with the employee to discuss with them the results of this assessment and will record the outcome of the meeting to them in writing. Any permanent adjustments will result in the employee being paid the appropriate band for the post undertaken. Suitable alternative employment will usually be work at the same or lower band however as there is no protection arrangements for adjustments as a result of ill health an employee can opt to accept work on any lower band D:\875098799.doc Page 20 The process is Employee unable to undertake fill duties of role/hours etc for foreseeable future Seek advice from Occupational Health if not already done so on which employee can do Seek advice from HR or other specialist where necessary Meet employee to discuss options available, ensure aware will be paid rate for adjustments/alternative role Adjustments possible in own role Amend job description and have banded if necessary No adjustments possible Place on at risk register for minimum of four weeks Move onto amended post No alternative found Alternative found Move to final formal sickness meeting and serve notice Move into role and pay amended accordingly 16. ILL HEALTH RETIREMENT To qualify for ill health retirement, the employee must have at least two years membership in the NHS Pension Scheme and be permanently incapacitated from their normal job. If both apply, the Occupational Health Department may make a recommendation for ill health retirement, but approval remains at the discretion of the NHS Pensions Agency. Ill health retirement can take several months to process, so the application should be made at the earliest opportunity. This is a separate process from the trust decision to dismiss an employee on ill health grounds. D:\875098799.doc Page 21 APPENDIX 1 REPORT OF SICKNESS NOTIFICATION FORM NAME Band or designation Date/Time of Call Call Taken By Made By (if not employee) Reason Date Became Unfit Last Day Worked Reason for Absence Anticipated Length of Absence Expected Return Date Date to Contact Manager Referral to Occupational Health Made (consider if anticipated four weeks sickness) Consider Alternative Duties/Roles for Limited Period – give details Details Suggested alternatives accepted by Employee YES / NO / N/A Manager Name Signature Print Date D:\875098799.doc Page 22 APPENDIX 1 (continued) Have they been off eight days or more? (If so, a fit note is required) Has the GP’s fit note been received? YES / NO YES / NO Does it detail what can do and considered this? Detail any conversations/correspondence with Employee Date D:\875098799.doc Time Details (including name of manager involved Page 23 APPENDIX 2 RETURN TO WORK INTERVIEW – CHECKLIST This form lists the main aspects that should be covered at a return to work interview To be completed by the line manager (or designated person where appropriate) as soon as practicably possible following the return to work discussion with the employee. Name of Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department/Service Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Absence: From . . . . . . . . . . . . . . . To . . . . . . . . . . Reason(s) . . . . . . . . . . . . . . . (Insert and details in each box, where applicable) Welcome employee back and update as necessary Discuss employee’s health and reasons for absence Give Details Discuss if they have a disability, check if sickness work related Details Outline trigger points and need to ensure regular attendance Detail Detail adjustments required/Period to be implemented Any points to note arising out of the discussion, e.g. Arrangements for help and support such as: Access to counselling Workplace adjustments Referral to Occupational Health (use referral form) Other, updates, please specify below Comments Include reasons given by employee regarding their absence and brief record of your discussions – continue on a separate piece of paper or this form can be downloaded D:\875098799.doc Page 24 Agree this is factually correct and put the form on the individual’s personal file Signed . . . . . . . . . . . . . . . . . . . . . (Manager) Date. . . . . . . . . . . . . . . . . . Signed . . . . . . . . . . . . . . . . . . . . . (Employee) D:\875098799.doc Page 25 APPENDIX 3 DIARY SHEET/INFORMATION LOG OF EVENTS Employee Name DATE Action Taken / Event / Reason for any Delay etc This sheet is to be used and kept by the manager to record progress, delays, , phone calls, reasons for delays meetings, letters sent, cancelations of meetings etc. It will also enable a timeline to be produced report Stage D:\875098799.doc Page 26 APPENDIX 4 Confidential: Informal Short Term Attendance Meeting Form (Stage 1) All items to be completed by the line manager conducting the informal meeting. Name of Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Job Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date Started with Trust . . . . . . . . . . . . Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recent absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Days this Period . . . . . . . . Total Days over rolling 12 months. . . . . . . . . . . . . Total Occasions this Period . . . . . . . . . . . . . . . . . . . . . Details of Absence Record. Refer the employee to their annual leave card/or available e-rostering information ___________________________________________________________________ Date, place and time of meeting: Present: NB Representation is not expected as it is a 1:1 between the individual & their manager ___________________________________________________________________ Check List: Share all appropriate documentation, check accuracy (including absences over last 3 years) Explain the purpose of the meeting as part of the Policy. See the Summary of the Sickness Absence Process regarding trigger points and expectations. Explore the reasons for absence, e.g. they may be the result of a medical condition; domestic difficulties; problems with work or working relationships. Encourage the employee to engage in a two-way flow of information. Reassure the employee that the purpose of the meeting is to assist him/her to attain the required levels of attendance. Offer help, advice and practical action eg seeing GP, accessing counselling advice, referral to Occupational Health, discussions regarding working arrangements. Particularly regarding adjustments if the individual is disabled. See Access to Work Scheme: https://www.gov.uk/access-to-work/overview Discuss the consequences of the absence upon work load and colleagues. Agree the action required by both parties, if any, to achieve an improvement in attendance and the review period (and review date) as necessary. Outline the action which may follow if there is no sustained improvement, i.e. the triggers which would lead to the Formal Stage 2. Ensure they have access to the policy (a paper copy or link to the document store) D:\875098799.doc Page 27 If the individual is in their first year of service with the Trust, stress the importance the Trust attaches to a culture of regular attendance. Note comments raised by the individual. Managers comments including Recommendations For Future Action/Referrals (Refer to the appropriate section of the Policy/Procedure before recommendations are made). __________________________________________________________________ Decision/Action Ensure a copy of this completed form is sent to the individual within 5 working days of the meeting and that it also includes the actions and the next review date in 3-4 months. Place a copy of this form on the individual’s personal file Signed (Employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . Signed (Manager). . . . . . . . . . . . . . . . . . . . Designation . . . . . . . . . . . . . . . . . . . . . . D:\875098799.doc Page 28 APPENDIX 5 INVITE TO INFORMAL (STAGE 1) MEETING Dear I write following our previous discussions at your return to work interview, regarding the concerns about your attendance at work. You have now had (detail trigger points) episode(s) of sickness which has triggered an informal Attendance Meeting Stage 1. I would therefore like to meet with you at (time) on (date) in (place). At the meeting I wish to discuss with you your current level of absence from work, the impact this is having on the department/service users and colleagues and any further help and support that can help you achieve a satisfactory attendance record. I have enclosed details of your sickness record and copies of your return to work interviews and Occupational Health/Management letters for your information. As this is an informal meeting this is a discussion between the two of us and as such there is no right to bring a trade union representative or work colleague Should you have any queries with regard to this letter please do not hesitate to contact me. Yours sincerely Manager D:\875098799.doc Page 29 Appendix 6 OUTCOME OF INFORMAL MEETING (STAGE 1) Dear I write to confirm the outcome of the Informal Attendance Meeting (Stage 1) held on (date). At the meeting we discussed the concerns about your attendance record and the reasons you had been absent from work. (Detail discussion) In view of your attendance record I confirmed that you have been set the following new trigger points with effect from (insert date of return from last episode included in this review) for a 12 month period A further two episodes of absence in a 12 month period A continued pattern of sickness A further episode of two weeks or more in the next 12 months A further episode of long term sickness While I trust that your attendance will now improve should you fail to make this improvement and reach any of the specified trigger points you will be invited to a Stage 2 formal attendance meeting in line with this procedure Your sickness will now be monitored and I have arranged to meet with you at (Time) on (date) in (place) to discuss your progress I hope that there will now be a significant improvement in your health and attendance but should you feel at any time I might be of assistance in this please do not hesitate to contact me. You should also be aware that you may access Occupational Health at any time who have a range of wellbeing initiatives available including staff counselling services. Yours sincerely Manager Job Title D:\875098799.doc Page 30 Appendix 7 INVITE TO ATTENDANCE MEETING (STAGE 2 or 3) Dear I write following the previous discussions with you regarding the concerns about your attendance at work. Following the Stage 1/2 Formal Attendance Meeting you have now had (detail trigger points) episode(s) of sickness which has triggered a Formal Attendance Meeting Stage 2/3. I would therefore like to meet with you at (time) on (date) in (place). At the meeting I wish to discuss with you your current level of absence from work, the impact this is having on the department/service users and colleagues and any further help and support that can help you achieve a satisfactory attendance record. I have enclosed details of your sickness record and copies of Occupational Health/Management letters for your information. Stage 3 only – I will be accompanied at the meeting by ( insert) an HR Representative You may be accompanied by a Trade Union Representative or fellow worker not acting in a legal capacity. Please confirm your attendance with (insert). Yours sincerely Manager Job Title D:\875098799.doc Page 31 APPENDIX 8 OUTCOME OF FORMAL ATTENDANCE MEETING STAGE 2/3 Dear I write to confirm the outcome of the Formal Attendance Meeting (Stage 2/3) held on (date). Also present at the meeting was (insert details). At the meeting we discussed the concerns about your attendance record and the reasons you had been absent from work. (Detail discussion) In view of your attendance record I confirmed that you have been issued with a first/second formal attendance warning for a period of 12 months with effect from (insert date) to (insert date). You were also informed that the following trigger points will apply during the 12 month period: A further two episodes of absence in a 12 month period A continued pattern of sickness A further episode of two weeks or more in the next 12 months While I trust that your attendance will now improve should you fail to make this improvement and reach the specified trigger points you will be invited to a Stage 3/4 of the Attendance Policy/Procedure. Insert if Stage 3 I must advise you that should you be invited to a Stage 4 attendance meeting you may be dismissed from the Trust on the grounds of capability (attendance). I hope that there will now be a significant improvement in your health and attendance but should you feel at any time I might be of assistance in this please do not hesitate to contact me. You should also be aware that you may access Occupational Health at any time who have a range of wellbeing initiatives available including staff counselling services. Should you wish to appeal against this warning you should write to (insert) within five days of the date of this letter outlining the reasons for your appeal. Yours sincerely Manager Job Title D:\875098799.doc Page 32 Appendix 9 INVITE TO FINAL ATTENDANCE MEETING (STAGE 4) Dear I write following the previous discussions with you regarding the concerns about your attendance at work. Following the Stage 3 Formal Attendance Meeting you have now had (detail trigger points) episode(s) of sickness which has triggered a Final Formal Attendance Meeting Stage 4 I would therefore like to meet with you at (time) on (date) in (place). At the meeting I wish to discuss with you your current level of absence from work and the impact this is having on the department/service users and colleagues I have enclosed details of your sickness record and copies of Occupational Health/Management letters for your information along with a report from your manager outlining the details of your attendance and support offered to date. I will be accompanied at the meeting by (insert) an HR Representative You may be accompanied by a Trade Union Representative or fellow worker not acting in a legal capacity. I must advise you that an outcome of the Stage 4 final attendance meeting may lead to you been dismissed from the Trust on the grounds of capability (poor attendance). Please confirm your attendance at the meeting with (insert) on (insert phone number) D:\875098799.doc Page 33 APPENDIX 10 OUTCOME OF FINAL FORMAL ATTENDANCE MEETING (STAGE 4) Dear I write to confirm the outcome of the Final Formal Attendance Meeting (Stage4) held on (date). Also present at the meeting was (insert details) and you were supported by (Insert). At the meeting we discussed the concerns about your attendance record and the reasons you had been absent from work. You have had (detail sickness record) which impacts on the service, the service users and your colleagues. (Detail discussion including mitigation provided) Unfortunately despite the previous meetings and written correspondence your sickness absence rate has failed to improve to the standard required by the Trust. Having considered all the facts and circumstances, (and your mitigation put forward by you and your representative) you were advised that my decision was to dismiss you from your employment with South West Yorkshire Partnership NHS Foundation Trust with effect from (date) on the grounds of capability (continued sickness) This letter, therefore, confirms the termination of your employment. In accordance with the Employment Rights Act 2002, the Trust is required to issue you with (length) weeks’ notice of termination of your employment. You are not required to work this period of notice and, therefore, will receive a sum of money equivalent to (length) weeks’ pay in lieu of this notice. You will also receive payment in lieu of any annual leave accrued and not taken by the date of your termination. Your last day of employment will be (last day) You have the right to appeal against this decision and if you wish to exercise this right you should do so in writing to Alan Davis, Director of Human Resources and Workforce Development at Fieldhead Hospital, Ouchthorpe Lane, Wakefield WF1 3SP within seven working days of the date of this letter i.e. by (time) on (date) explaining the basis on which you are appealing. Yours sincerely Manager D:\875098799.doc Page 34 APPENDIX 11 INVITE INFORMAL LONG TERM SICKNESS MEETING Dear I am sorry you have been experiencing ill health since (date). As you have now been off sick for a number of weeks I would like to meet with you informally to discuss your progress, if an occupational health referral is required and any support that that can facilitate a return to work. I would therefore like to meet with you at (Time) on (Date) in (Place). The meeting is informal so will take place between ourselves at this stage. Should your medical condition make it difficult to attend the trust premises please contact me to arrange a telephone meeting or home visit. I hope you are feeling better than when we last spoke Yours sincerely Manager D:\875098799.doc Page 35 APPENDIX 12 OUTCOME OF INFORMAL LONGTERM SICKNESS MEETING Dear Thank you for attending the informal long term sickness meeting on (insert date) with myself At the meeting we discussed that you have been absent from work for (number of weeks/days) due to ill health and you explained that is expected that your absence will continue for a further period of (insert length) Please insert as appropriate* *We agreed that a referral to occupational health should be made now/in X weeks so that I can fully understand any support that can be offered to aid a return to work. Please find enclosed the copy of the occupational health referral for your reference. *We discussed the possibility of a return to work to alternative duties / an alternative post as a solution to aid a return to work as soon as possible to remaining absent. (Insert discussion and outcome) *You confirmed that a predicted return to work date is (insert date) and we agreed that you would contact me on (insert date) to update me on the situation. *You confirmed that a return to work will not be possible during the next 8 weeks even with the alternatives proposed and the support discussed. I will therefore contact you again once a report is received from occupational health to discuss your health progress. In the meantime you should ensure contact is maintained with me/your line manager in line with the attendance policy and should your health situation change please contact me to discuss this? Yours sincerely D:\875098799.doc Page 36 APPENDIX 13 FORMAL LONG TERM SICKNESS MEETING INVITE Dear I am sorry you have been experiencing ill health since (date). As you have now been off sick for (insert number) weeks I would like to meet with you formally to discuss your progress in relation to a return to work and the occupational health report dated (insert date) I would therefore like to meet with you at (Time) on (Date) in (Place). Present at the meeting will be (insert second manager or HR representative) or I will conduct the meeting on my own. You are entitled to be accompanied to the formal meeting by a trade union representative. Should your medical condition make it difficult to attend the trust premises please contact me to arrange a telephone conference meeting or home visit. *I must inform you that an outcome of this meeting may be to referrer you to a final formal long-term sickness meeting which could ultimately lead to your dismissal from the trust on ill health grounds (capability) Please confirm your attendance at the meeting with (insert) on (Insert telephone) Yours sincerely Manager D:\875098799.doc Page 37 APPENDIX 14 OUTCOME FORMAL LONG-TERM SICK MEETING (remaining off) Dear I write to confirm the outcome of the Formal Long term sickness Meeting held on (date). Also present at the meeting was (insert details). At the meeting we discussed that you have been absent from work for (number of weeks/days) due to ill health and you explained that it is expected that your absence will continue for a further period of (insert length) I explained that I have received an occupational health report date (insert date) which has stated (insert summary details) Insert as appropriate *We discussed the possibility of a return to your post with an adjustment/phased return (insert details and outcome of discussion) *we discussed a possibility of return to an alternative Post for an interim period to aid a return to work. (Insert details) *While your sickness absence from work is expected to continue for the next (insert details I am confident that a return to work will be possible by (Insert date) as confirmed by yourself and occupational health. I will therefore arrange to meet with you in (insert when) to revaluate the situation. In the mean time I will ensure that you are re assessed by occupational health to inform the next meeting outcomes. *I also need to inform you that your sick pay will reduce to half pay/no pay on (Insert date) *Unfortunately your sickness absence is expected to continue with no possibility of a return to your post in the near future. While we have considered alternative duties and posts to aid a return to work this has not been possible due to (insert reason) Based upon your health status and length of time you have been absent from work I have no alternative but to progress your case to a final formal long-term sickness meeting details of which you will receive in due course. In the mean time you will be entered on to tier 2 of the at risk register until the meeting takes place and a decision is made. Yours sincerely Manager D:\875098799.doc Page 38 APPENDIX 15 FINAL FORMAL LONG TERM SICKNESS MEETING INVITE Dear I am sorry you have been experiencing ill health since (date). As you have now been off sick for (insert number) weeks and there is no foreseeable return to work I would therefore like to meet with you at (Time) on (Date) in (Place). I will conduct the meeting supported by (HR representative). You are entitled to be accompanied at meeting by a trade union representative or a work colleague. Please find enclosed a copy of a report detailing your sickness to date that will be presented at the meeting by (insert manager) You will have an opportunity at the meeting to present any information that is relevant to your health status and may have an impact on my decision making I need to advice you that a possible outcome of this meeting could be your dismissal from the Trust on the grounds of ill health (capability) D:\875098799.doc Page 39 APPENDIX 16 Outcome of final formal long term meeting I am writing to confirm the outcome of the final formal long term sickness meeting held on (date). The meeting was heard by myself and (name HR rep) and the details of your sickness was presented to us by (insert Manager) you were represented by (insert representative) At the meeting I heard (Include a summary of the sickness to date, occupational health information, including options discussed, steps taken so far etc.) You and your representative detailed (insert details of mitigation, medical information) Having reviewed your continued sickness, in the light of the reports provided by the Occupational Health Physician, and following the discussions with you, I write to confirm my decision to terminate your employment as (enter post title) on the grounds of ill health (capability). In accordance with the Employment Rights Act 2002, the Trust is required to issue you with (length) weeks’ notice of termination of your employment, therefore your effective date of termination will be *(enter date notice expires) following the expiration of your notice period. Note this will be different if pay in lieu of notice is given. You are entitled to receive payment for any outstanding annual leave entitlement for the current leave year (plus any outstanding working time directive annual leave for leave year (insert) (*this must only be for a period up to 18 months from date of termination and less any leave taken) . You have the right to appeal against this decision and if you wish to exercise this right you should do so in writing to Alan Davis, Director of Human Resources and Workforce Development at Fieldhead Hospital, Ouchthorpe Lane, Wakefield WF1 3SP within seven working days of the date of this letter i.e. by (time) on (date) explaining the basis on which you are appealing. Yours sincerely Manager Designation D:\875098799.doc Page 40
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